FILED ELECTRONICALLY AND VIA COURIER Michael D. Schafler Michael.Schafler@FMC‐law.com November 3, 2011 DIRECT 416‐863‐4457
Ms. Kirsten Walli Board Secretary Ontario Energy Board 2300 Yonge Street PO Box 2319, 27th Floor Toronto, ON M4P 1E4
Dear Ms. Walli:
RE: Application by Canadian Distributed Antenna Systems Coalition ("CANDAS"); Board File No.: EB‐2011‐0120
We represent CANDAS in connection with its application to the Board regarding access to the power poles of licensed electricity distributors for the purpose of attaching wireless telecommunications equipment (“Application”).
Please find enclosed CANDAS’ motion for an order compelling THESL to provide proper answers to certain IRs.
CANDAS will file two paper copies of the above‐noted evidence as soon as possible.
Yours very truly,
(signed) Michael D. Schafler
MDS/ag cc: Mr. George Vinyard Helen Newland All Intervenors
57100336_1|TorLitigation EB-2011-0120
ONTARIO ENERGY BOARD
IN THE MATTER OF the Ontario Energy Board Act, 1998, S.O. 1998, c. 15 (Schedule B);
AND IN THE MATTER OF an Application by the Canadian Distributed Antenna Systems Coalition for certain orders under the Ontario Energy Board Act, 1998.
MOTION RECORD OF THE CANADIAN DISTRIBUTED ANTENNA SYSTEMS COALITION
November 3, 2011 FRASER MILNER CASGRAIN LLP 77 King Street, Suite 400 Toronto Dominion Centre Toronto, ON M5K 0A1 Fax: (416) 863-4592
Helen T. Newland Telephone: (416) 863-4471 [email protected]
Michael D. Schafler Telephone: (416) 863-4457 [email protected]
Kathleen Burke Telephone: (416) 862-3466 [email protected]
Solicitors for the Applicants, Canadian Distributed Antenna Systems Coalition
57099844_1 1 TorLitigation TO: ONTARIO ENERGY BOARD Ms. Kirsten Walli Board Secretary
AND TO: WEIRFOULDS LLP Barristers & Solicitors Suite 1600, The Exchange Tower 130 King Street West P.O. Box 480 Toronto, ON M5X 1J5
Robert B. Warren Tel: (416) 365-1110 Fax: (416) 365-1876 Lawyers for the Consumers Council of Canada
AND TO: BORDEN LADNER GERVAIS LLP Scotia Plaza, 40 King St. W. Toronto, ON M5H 3Y4
J. Mark Rodger Tel: (416) 367 6000 Fax: (416) 367-6749 Lawyers for Toronto Hydro-Electric System Limited
AND TO: All other Intervenors
57099844_11TorLitigation INDEX TO MOTION RECORD
TAB DOCUMENT PAGE
1 Notice of Motion 1
2. Questions pertaining to THESL's letter to the Board dated August 5 13, 2010
THESL 5.3, Schedule 1(h) & (i) 5
THESL 5.3, Schedule 2 8
THESL Tab 5.1, Schedule 2 9
THESL 5.3, Schedule 3(d) 11
THESL 5.3, Schedule 4(a) & (f) 13
3. Questions pertaining to the use of THESL's poles 15
THESL 5.3, Schedule 10(e) 15
THESL Tab 5.1, Schedule 6 22
THESL 5.3, Schedule 32 25
THESL Tab 5.1, Schedule 3 27
THESL Tab 5.1, Schedule 15 & Attachment 1 28
THESL Tab 5.3, Schedule 6 47
THESL Tab 5.1, Schedule 7 51
THESL Tab 5.1, Schedule 15 54
THESL Tab 5.1, Schedule 16 60
THESL Tab 5.1, Schedule 27 63
THESL 5.4, Schedule 20(b) 65
4. The Application of CANDAS filed April 25, 2011 69
57099844_1 I TorLitigation TAB 1 1
EB-2011-0120
ONTARIO ENERGY BOARD
IN THE MATTER OF the Ontario Energy Board Act, 1998, S.O. 1998, c. 15 (Schedule B);
AND IN THE MATTER OF an Application by the Canadian Distributed Antenna Systems Coalition for certain orders under the Ontario Energy Board Act, 1998.
NOTICE OF MOTION
THE CANADIAN DISTRIBUTED ANTENNA SYSTEMS COALITION ("CANDAS") will make a motion on a date and at a time to be fixed by the Ontario Energy Board (the "Board"), at the Board's Chambers at 2300 Yonge Street, Toronto, Ontario, in connection with the motion by Consumers Council of Canada ("CCC") filed on October 31, 2011 for similar relief ("CCC Motion").
PROPOSED METHOD OF HEARING: CANDAS proposes that the motion be heard orally.
. THE MOTION IS FOR:
1. An Order of the Board directing Toronto Hydro-Electric System Limited ("THESL") to provide responsive answers to the following CANDAS interrogatories: general interrogatories 1(h), 1(i), 2, 3(d), 4(a), 4(f); Starkey interrogatories 10(e) and 32; and Yatchew interrogatory 20(b) (the "CANDAS IRs"); and
2. Such further and other relief that CANDAS may request and the Board may consider appropriate.
THE GROUNDS FOR THE MOTION ARE:
1. This motion is made pursuant to Rules 8 and 29.03 of the Board's Rules of Practice and Procedure;
57090669_6 I TorLitigation 2
2. THESL's responses to the CANDAS IRs are unresponsive, incomplete or have been improperly refused;
3. Answers to the CANDAS IRs are necessary so that CANDAS may adequately understand THESL's position and fully prepare for the hearing;
4. The CANDAS IRs are relevant to the issues raised by this Application;
5. The CANDAS IRs may be categorized as follows:
a. Questions pertaining to THESL's letter to the Board dated August 13, 2010 [Application, para. 2.3, Tab 211:
i. General Interrogatories - 1(h), 1(i), 2, 3(d), 4(a) and 4(f);
b. Questions pertaining to the use of THESL's poles [Application, paras. 3.11, 10.9, 10.11-10.38];
i. Starkey Interrogatories —10(e) and 32;
ii. Yatchew Interrogatories — 20(b); and
6. The CCC Motion;
THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the hearing of the Motion:
1. Relevant documents forming part of the record of this proceeding and as contained in the Motion Record, filed;
2. Such further and other evidence as counsel may advise and this Board may permit.
1 The references to the relevant sections in the Application are not exhaustive.
57090669_6 I TorLitigation 3
November 3, 2011 FRASER MILNER CASGRAIN LLP 77 King Street, Suite 400 Toronto Dominion Centre Toronto, ON M5K 0A1 Fax: (416) 863-4592
Helen T. Newland Telephone: (416) 863-4471 [email protected]
Michael D. Schafler Telephone: (416) 863-4457 [email protected]
Kathleen Burke Telephone: (416) 862-3466 [email protected]
Solicitors for the Applicants, Canadian Distributed Antenna Systems Coalition
TO: ONTARIO ENERGY BOARD Ms. Kirsten Walli Board Secretary
AND TO: WEIRFOULDS LLP Barristers & Solicitors Suite 1600, The Exchange Tower 130 King Street West P.O. Box 480 Toronto, ON M5X 1J5
Robert B. Warren
Tel: (416) 365-1110 Fax: (416) 365-1876
Lawyers for the Consumers Council of Canada
AND TO: BORDEN LADNER GERVAIS LLP Scotia Plaza, 40 King St. W. Toronto, ON M5H 3Y4
J. Mark Rodger
57090669_6 I TorLitigation 4
Tel: (416) 367 6000 Fax: (416) 367-6749
Lawyers for Toronto Hydro-Electric System Limited
AND TO: All other Intervenors
57090669_6 I TorLitigation TAB 2
5
Toronto Hydro-Electric System Limited EB-2011-0120 Interrogatory Responses Tab 5.3 Schedule 1 Filed: 2011 Sep 22 Page 1 of 3
RESPONSES TO CANADIAN DISTRIBUTED ANTENNA SYSTEMS COALITION INTERROGATORIES
1 INTERROGATORY 1:
2 Reference(s): none provided
3
4 (a) On what date did THESL adopt the "no wireless" policy? 5 (b) Provide a copy of THESL's "no wireless" policy, as adopted.
6 (c) Has THESL amended or revised the "no wireless" policy since its adoption? If yes,
7 please provide a copy of the amended or revised policy.
8 (d) Provide copies of THESL's written policy with respect to attachments to distribution
9 poles as it existed prior to the submission date of the August 13, 2010 letter to the Board
10 ("THESL Letter"). 11 (e) Did THESL's Board of Directors approve or otherwise endorse the "no wireless"
12 policy?
13 (f) If the response to (e) is "yes", provide the date of the meeting at which this occurred
14 and a list of those Board members who voted to adopt a "no wireless" policy.
15 (g) If the adoption of the "no wireless" policy was not endorsed by the THESL Board of
16 Directors, by vote or otherwise, how was the Board of Directors advised of THESL's
17 adoption of the "no wireless" policy?
18 (h) Were any presentations (oral or in writing) made to the THESL Board of Directors in
19 relation to any of the subjects discussed in the THESL Letter, prior to the letter being
20 filed with the Ontario Energy Board ("Board")? If yes, provide particulars of any oral
21 presentations and copies of any written presentations, including, without limitation,
22 power points, notes, memoranda, executive summaries and any similar writing.
23 (i) Provide copies of all drafts, including notes to draft, of the THESL Letter.
24
25
6
Toronto Hydro-Electric System Limited EB-2011-0120 Interrogatory Responses Tab 5.3 Schedule 1 Filed: 2011 Sep 22 Page 2 of 3
RESPONSES TO CANADIAN DISTRIBUTED ANTENNA SYSTEMS COALITION INTERROGATORIES
RESPONSE:
2 (a) This in an inaccurate summary of THESL' s position with regard to wireless
3 attachments. THESL's policy, clearly stated in the August 13, 2010 letter, is that
4 THESL does not believe that DAS or any other wireless attachers have a right to
5 attach wireless equipment to THESL poles pursuant to the CCTA Decision. The
6 Board's 2005 CCTA Decision did not mandate Ontario distributors to
7 accommodate wireless attachments on their distribution poles. In particular, the
8 issue and subject of wireless attachments was not raised, considered or addressed
9 in the CCTA Decision or the CCTA proceeding. The CCTA Settlement
10 Agreement explicitly excluded wireless as an unsettled issue and the Board
11 accepted that Settlement Agreement as part of the CCTA proceeding, and as such,
12 the CCTA Decision did not encompass wireless.
13
14 (b) Please see the response in (a) above. THESL has not developed any particular
15 written policies with respect to wireless since that was unnecessary because the
16 CCTA Decision did not mandate Ontario distributors to accommodate wireless
17 attachments on their distribution poles.
18
19 (C) Please see the response in (a) and (b) above.
20
21 (d) THESL does not have written policies over and above those provided in Tab 5.1,
22 Schedule 1, Attachment 1 (Section - 23: Foreign Attachments, Index of
23 Standards.)
24
7
Toronto Hydro-Electric System Limited EB-2011-0120 Intenogatory Responses Tab 5.3 Schedule 1 Filed: 2011 Sep 22 Page 3 of 3
RESPONSES TO CANADIAN DISTRIBUTED ANTENNA SYSTEMS COALITION INTERROGATORIES
1 (e) There was no need to take anything to THESL's Board because THESL had not
2 adopted a "no wireless" policy at alleged by CANDAS. The Board's 2005 CCTA
3 Decision did not mandate Ontario distributors to accommodate wireless
4 attachments on their distribution poles. Please also see the response in (a) above.
5
6 (f) Not applicable.
7
8 (g) Not applicable.
9 10 (h) THESL declines to respond to this interrogatory on the basis that the information 11 requested is privileged as being in contemplation of litigation. 12
13 (i) THESL declines to respond to this interrogatory on the basis that the information
14 requested is privileged as being in contemplation of litigation. 8
Toronto Hydro-Electric System Limited EB-2011-0120 Interrogatory Responses Tab 5.3 Schedule 2 Filed: 2011 Sep 22 Page 1 of 1
RESPONSES TO CANADIAN DISTRIBUTED ANTENNA SYSTEMS COALITION INTERROGATORIES
1 INTERROGATORY 2: 2 Reference(s): none provided
3 4 Does the "no wireless" policy apply to the street lighting poles that are to be transferred
5 to THESL from THESI?
6
7 RESPONSE: 8 Please refer to the responses in Tab 5.3, Schedule 1 and Tab 5.1, Schedule 2. 9
Toronto Hydro-Electric System Limited EB-2011-0120 Interrogatory Responses Tab 5.1 Schedule 2 Filed: 2011 Sep 22 Page 1 of 2
RESPON' SES TO CANADIAN DISTRIBUTED ANTENNA SYSTEMS COALITION INTERROGATORIES
INTERROGATORY 2:
2 Reference(s): Byrne, paras. 3 and 5
3 4 (a) Provide a table that shows the breakdown, by pole type (i.e., cedar, various classes of
5 concrete, steel, other), of the 140,000 THESL poles and the 40,000 THESI poles that are
6 to be transferred to THESL, both referenced in paragraph 3.
7 (b) Do the statements on page 2, paragraph 5, pertain equally to the 40,000 THESI poles
8 that are to be transferred to THESL?
9 (C) What is the average life span of a: 10 (i) Cedar pole
11 (ii) Steel pole
12 (iii) Concrete pole
13 14 RESPONSE: s (a) From THESL's asset records, the following is the breakdown by pole type, for all 16 poles listed as THESL and THESI. Information on all the composition of all
17 (current) streetlight poles is provided below. It is not possible with reasonable effort
18 and within the given timelines to provide the composition of only those streetlight
19 poles that will be transferred to THESL, and in any event, production of the information requested would be onerous and is not justified by the probative value of 21 that information.
2?
23
24
25 1 0
Toronto Hydro-Electric System Limited EB-2011-0120 Interrogatory Responses Tab 5.1 Schedule 2 Filed: 2011 Sep 22 Page 2 of 2
RESPONSES TO CANADIAN DISTRIBUTED ANTENNA SYSTEMS COALITION INTERROGATORIES
POLE MATERIAL THESL THESI
Wood 101,710 3,096 Concrete 38,218 38,897 Steel 3,146 4,607 Missing Data 1,258 5,814 Aluminum 472 4,263 Fibreglass 27 43 Iron 7 21 TOTAL 144,838 56,741
2 (b) Streetlighting poles — currently THESI assets - were erected for a different purpose
3 and have different physical characteristics than THESL's distribution poles, which
4 carry primary voltage. THESL only received approval from the Board to transfer
5 certain streetlighting poles from THESI to THESL in August 2011, and the related
6 transactions have not occurred yet. Accordingly, THESL is currently in the process
7 of transitioning these assets, including assessing the appropriate standards, safety, 8 operational and other considerations that apply in respect of streetlighting poles. It
9 would be premature for THESL to speculate on the considerations that would apply
10 to those streetlighting poles. Further, streetlighting poles are not essential facilities
11 for wireless attachers and the CCTA Decision does not apply to THESI.
12
13 (C) THESL uses the following approximations for pole life span: 14 (i) Cedar pole — 40 years
15 (ii) Steel pole — 50 years
16 (iii) Concrete pole — 50 years
17
18
11
Toronto Hydro-Electric System Limited EB-2011-0120 Interrogatory Responses Tab 5.3 Schedule 3 Filed: 2011 Sep 22 Page 1 of 2
RESPONSES TO CANADIAN DISTRIBUTED ANTENNA SYSTEMS COALITION INTERROGATORIES
1 INTERROGATORY 3:
2 Reference(s): none provided
3
4 (a) Prior to adopting or implementing the "no wireless" policy, did THESL request any 5 input from the Board or Board staff regarding this policy?
6 (b) Why did THESL not wait for the Board to reply to the THESL Letter, prior to
7 adopting the "no wireless" policy? 8 (c) Is it THESL's practice to consult with the Board or Board staff prior to implementing
9 new policies or changing existing policies?
10 (d) Prior to adopting the "no wireless" policy did THESL seek and obtain legal advice as
11 to the application of the CCTA Order to wireless attachments?
12 (e) Did THESL receive any form of acknowledgement of receipt, by the Board, of the
13 THESL Letter? If yes, provide copies of all correspondence received from the Board or
14 its staff in this regard.
15
16 RESPONSE:
17 (a) Please refer to the response in Tab 5.3, Schedule 1. THESL formed its conclusion
18 regarding the applicability of the CCTA Decision independently and wrote to the
19 Board on August 13, 2010 to advise the Board of that fact and to invite the Board
20 to contact THESL if the Board had any concerns.
21
22 (b) Please see the response in (a) above. At no time has the Board expressed
23 concerns with respect to THESL's position as articulated over a year ago in its
24 August 13, 2010 letter.
25 1 2
Toronto Hydro-Electric System Limited EB-2011-0120 Interrogatory Responses Tab 5.3 Schedule 3 Filed: 2011 Sep 22 Page 2 of 2
RESPONSES TO CANADIAN DISTRIBUTED ANTENNA SYSTEMS COALITION INTERROGATORIES
(c) THESL's approach to policy management is dependent on the specific issues and
2 circumstances attending each policy question. Where THESL believes it is
3 appropriate to consult the Board, it does so.
4
5 (d) THESL declines this interrogatory on the basis that the information sought is
6 privileged as being in contemplation of litigation.
7 8
9 (e) No.
13
Toronto Hydro-Electric System Limited EB-2011-0120 Interrogatory Responses Tab 5.3 Schedule 4 Filed: 2011 Oct 3 Page 1 of 1
RESPONSES TO CANADIAN DISTRIBUTED ANTENNA SYSTEMS COALITION INTERROGATORIES
INTERROGATORY 4: Reference(s): none provided
3 4 (a) Did THESL consult with any Canadian Carrier, including DAScom, Public Mobile, 5 Rogers, Telus and Bell, prior to adopting its "no wireless" policy?
6 (i) If yes, with whom did THESL consult?
7 (ii) If yes, what feedback was received and from whom?
8 (b) Was the THESL Letter served on affected and interested parties? If not, why not?
9 (c) As of August 13, 2010 how many separate parties had wireless equipment attached to 10 THESL poles? Provide the names of such parties, the number of poles attached to, the 11 type of the equipment so attached, and the date on which those parties first started
12 attaching wireless equipment to the THESL poles.
13 (d) Is it THESL's intention to decline to review all attachment agreements with the
14 parties indentified in response to (c) at the expiry of their pole attachment agreements 15 with THESL?
16 (e) Is it THESL's intention to require all parties, identified in response to (c), to remove 17 their wireless attachments from THESL poles at the expiration of the attachment 18 agreement?
19 (f) Has THESL had any negotiations or discussions with any of the parties who have zo attached wireless equipment with respect to terms and conditions on which attachment
21 will be available in the future?
22
23 RESPONSE:
24
14
Toronto Hydro-Electric System Limited EB-2011-0120 Interrogatory Responses Tab 5.3 Schedule 4 Filed 2011 Oct 3 Page 2 of 2
RESPONSES TO CANADIAN DISTRIBUTED ANTENNA SYSTEMS COALITION INTERROGATORIES
I (a) THESL disagrees with the premise of this question. THESL has not adopted a "no
2 wireless" policy. Please see the response in Tab 5.3, Schedule 1.
3
4 (b) THESL's letter was addressed to the Ontario Energy Board and as it was not filed
5 in the context of any proceeding, so THESL had no obligation to serve on any
6 particular parties.
7
8 (C) To produce this information would require an exhaustive examination of THESL's 9 records and cannot be completed within the timelines of this proceeding. The 10 information has questionable relevance and would be overly burdensome to 11 produce relative to its probative value (if any).
12
13 (d) THESL reviews matters of contractual negotiation on a case-by-case basis, and
14 declines to speak to future contingent events in this regard.
15
16 (e) Please see the response in (d) above.
17
18 (f) THESL is unable to interpret this question as worded. TAB 3
15
Toronto Hydro-Electric System Limited EB-2011-0120 Interrogatory Responses Tab 5.3 Schedule 10 Filed: 2011 Oct 3 Page 1 of 1
RESPONSES TO CANADIAN DISTRIBUTED ANTENNA SYSTEMS COALITION INTERROGATORIES
1 INTERROGATORY 10:
2 Reference(s): THESL's June 2011 Letter, Section 5
3
4 "CANDAS does not represent a public interest that is in any way relevant to the Board's 5 mandate. CANDAS represents a consortium of commercial private interests. The public
6 interest in this proceeding centres around: (i) ensuring that LDCs and electricity
7 ratepayers are not subsidizing a private business model and otherwise undermining a 8 competitive market; (ii) ensuring that the safety and reliability of the distribution system 9 is not compromised; and (iii) ensuring that scarce pole attachment space is appropriately to value and efficiently allocated among numerous competing demands for that very limited 1 1 sp ace." 12 (a) Please provide examples of how the introduction of wireless equipment and antennas
13 would compromise the safety and reliability of the distribution system in a way that is
14 different from the installation of
15 (i) Cable TV equipment and wireline attachments
16 (ii) Electricity distribution hardware including transformers, capacitors, breakers, 17 power conductors or other hardware routinely installed on distribution poles
18 (iii) Copper cables, splice enclosures and power supplies
19 (iv) Traffic control boxes, security cameras, public safety hardware
20 (V) SCADA or SmartGrid systems
21 (vi) WiFi equipment and antenna systems
22 (b) What is the estimated number of attachment positions available for each pole type
23 owned or controlled by THESL?
24 (c) What percentage of the poles currently owned or controlled by THESL have
25 attachments? Please provide a breakdown by pole type and identify the number and type
16
Toronto Hydro-Electric System Limited EB-2011-0120 Interrogatory Responses Tab 5.3 Schedule 10 Filed: 2011 Oct 3 Page 2 of 2
RESPONSES TO CANADIAN DISTRIBUTED ANTENNA SYSTEMS COALITION INTERROGATORIES
of attachments.
2 (d) What percentage of the poles currently owned or controlled by THESL have
3 attachments in the communication space? Please provide a breakdown by pole type and
4 identify the number and type of wireless attachments. 5 (e) What percentage of the poles currently owned or controlled by THESL have wireless
6 attachments? Please provide a breakdown by pole type and identify the number and type
7 of wireless attachments.
8 (f) What percentage of THESL owned or controlled poles have attachments, wireline,
9 equipment or otherwise, in the "unusable space" or otherwise in the space below the lo communication space?
ii (g) Does THESL object to the placement of equipment such as optical converters or p battery backup in the "unusable space" or otherwise to the space below the
13 communication space provided appropriate Electrical Standards Association ("ESA") and 14 other safety guidelines are met? If yes, please explain why THESL objects to placing 15 equipment in the "unusable space" under such conditions.
16 (h) Is there any equipment which THESL believes could be acceptable to place in the
17 "unusable space"? If yes, what equipment and under what conditions?
18 (i) What percentage of poles does THESL believe are at full capacity and could not
19 support additional attachments if "make-ready" work or additional support, e.g. guy
20 wires, were added? 21 (j) Based on the number of poles owned or controlled, or to be owned or controlled by
22 THESL, please explain how the use of approximately 790 poles that were to be used for
23 the wireless attachments of DAScom's Toronto DAS Network would greatly impact the
24 available attachment space on THESL poles.
25 (k) Does THESL believe that there could be more than three attachments in the
17
Toronto Hydro-Electric System Limited EB-2011-0120 Interrogatory Responses Tab 5.3 Schedule 10 Filed: 2011 Oct 3 Page 3 of 3
RESPONSES TO CANADIAN DISTRIBUTED ANTENNA SYSTEMS COALITION INTERROGATORIES
communications space provided ESA and other safety guidelines were met and the as-built structure would pass structural and wind loading analysis?
3 (1) Has THESL evaluated options for increasing the number if attachments on the
4 distribution poles including;
5 (i) Use of standoff brackets that convert a single attachment to 3 or more wireline
6 attachments
7 (ii) Overlashing multiple cables onto a single messenger cable
8 (iii) Increasing the available communication space on taller poles through power
9 "make ready" engineering and commonly used construction standards and
10 practices 11 (iv) Allowing wireline carriers or antenna attachments to be made on the field
12 side of the pole as opposed to the road side of the pole (pole boxing)
13 (V) Use of the "unused space" for placement of wireless equipment with antennas
14 on the field side of the pole so as to not consume any existing attachment points
15 on the road side of the pole 16 (vi) Decreasing space between wireline attachments to allow for additional
17 attachments or any other means of making reasonable accommodation to all
18 Canadian Carriers making applications to attach
19 If yes, please describe the research that was performed and provide any studies that were
20 produced as a result, including specific references to ESA 22/04, that resulted in their 91 exclusion from consideration. If not, please explain for each numbered section, why
22 these methods haven't been considered?
23 (m) What is THESL's criteria for efficiently allocating "scarce pole attachment space"
24 among numerous competing demands? Please provide the decision metrics THESL uses 25 to determine if and when poles are available and who can attach to poles if they are
1 8
Toronto Hydro-Electric System Limited EB-2011-0120 Interrogatory Responses Tab 5.3 Schedule 10 Filed: 2011 Oct 3 Page 4 of 4
RESPONSES TO CANADIAN DISTRIBUTED ANTENNA SYSTEMS COALITION INTERROGATORIES
I available.
2 (n) Does THESL have any written or unwritten policy regarding reservations of
3 attachment space in the communication space? If yes, which entities are entitled to a 4 reserved space on all or some number of poles? 5 (o) Provide copies of the distribution pole attachment agreement(s) as between Toronto
6 Hydro (as it then was) and Toronto Hydro Telecom (as it then was).
7 (p) Provide copies of the distribution pole attachment agreement(s) as between THESL
8 and Cogeco in respect of the One Zone network.
9 (q) Provide copies of the distribution pole attachment agreement as between THESI and 10 Cogeco in respect of One Zone attachments to poles that are to be transferred to THESL.
ii (r) Do any existing attachers have a contractual right to reserve space on THESL poles?
12 If yes, please disclose who these entities are and what process is used when a Canadian
13 Carrier requests access to poles with available space that are reserved by others with a
14 contractual right to use the available attachment points.
15
16 RESPONSE:
17 (a) THESL disagrees with the premise of this question. In particular, THESL never
18 stated that "the introduction of wireless equipment and antennas would
19 compromise the safety and reliability of the distribution system", except to the
70 extent that THESL has safety, operational and cost concerns with hosting wireless
21 attachments (which is detailed in the affidavit of Ms. Byrne — see in particular
22 paragraphs 40-55).
23
24 (b) THESL standards do not speak to an estimated number of attachment positions
25 available for each THESL Pole. THESL standards speak to the number of
19
Toronto Hydro-Electric System Limited EB-2011-0120 Interrogatory Responses Tab 5.3 Schedule 10 Filed: 2011 Oct 3 Page 5 of 5
RESPONSES TO CANADIAN DISTRIBUTED ANTENNA SYSTEMS COALITION INTERROGATORIES
telecommunications attachments allowed on any given THESL Pole: which is
2 three, within the communications space. Please see Standard 23-3100 in Tab 5.1,
3 Schedule 1, Attachment 1.
4
5 (C) Please see the responses in Tab 5.1, Schedules 2, 7 part (d) and 15.
6
7 (d) Please see the response in Tab 5.1, Schedule 7.
8
9 (e) Please see the response in Tab 5.1, Schedule 6.
10 (f) Please see the responses in Tab 1, Schedule 21; Tab 5.2, Schedule 17; and Tab
12 5.1, Schedules 7 and 15.
13
14 (g) THESL cannot answer this question in the abstract. THESL reviews attachment 15 applications on a case-by-case basis (including examining the attachment type and
16 whether the CCTA Decision applies), and before approving any such application,
17 would need ensure that all internal and external standards are met.
18
19 (h) Please see (g) above as well as the response in Tab 1, Schedule 21.
20